How many H-2B visas are available for returning workers?
ALERT: USCIS has received enough petitions to reach the cap for the additional 16,000 H-2B visas made available for returning workers only under the recently announced H-2B supplemental cap temporary final rule.
What is the H-2B visa program?
H-2B visa. The H-2B visa nonimmigrant program permits employers to hire foreign workers to come temporarily to the United States and perform temporary nonagricultural services or labor on a one-time, seasonal, peakload or intermittent basis.
What is the cap on H-2B visas for 2019?
Currently, Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year (Oct. 1 - March 31) and 33,000 for workers who begin employment in the second half of the fiscal year (April 1 – Sept. 30).
What country has the most H-2B visas?
In 2015, more than 70 percent of H-2B visa holders were from Mexico. Of the remainder, Jamaica, Guatemala, the Philippines, and Great Britain were the countries who sent the most foreign nationals to work in the U.S. under H-2B visas. How many H-2B visas are granted each year?
How many H-2B visas issued 2022?
ALERT: USCIS has received enough petitions to reach the cap for the additional 23,500 H-2B temporary nonagricultural worker visas made available for returning workers only under the recently announced H-2B supplemental cap temporary final rule.
How many H-2B visas issued 2021?
DOS reported a total of 56,709 H-2B visa applications in the second half of 2021. There were 53,423 H-2B visas issued. There were 7,276 H-2B applications initially refused in the second half of 2021, of which 3,286 applications remained in a refused status at the end of the second half of 2021.
How long does it take to get a H-2B visa?
60 to 100 days#H2B Visa processing time period Visa processing usually occurs within 60 to 100 days. It is advisable that the employer files this application at least 60 days but not more than 120 days before the temporary worker is needed.
What is the latest on H-2B visa?
WASHINGTON—The Department of Homeland Security (DHS) and the Department of Labor (DOL) announced today the availability of an additional 35,000 H-2B temporary nonagricultural worker visas during the second half of fiscal year (FY) 2022.
Is H-2B visa still suspended?
ALERT: As of April 1, 2022, USCIS is no longer accepting cap-subject petitions with start dates on or before March 31, 2022, under the FY 2022 H-2B supplemental visa temporary final rule.
Does H-2B have lottery?
Given the limited number of H-2B visas compared to the demand, USCIS allocates visas based on a randomly generated lottery system. Employers are encouraged to compile evidence of its temporary need well in advance since the lottery closes as soon as the quota (33,000 visas for that half of the fiscal year) is met.
How easy is it to get a H-2B visa?
To qualify for an H-2B visa, your employer must meet the following requirements: The employer must have a need which is seasonal, one-time, intermittent, or peak load. The job time-frame must be for less than one year. There must be no qualified and willing U.S. workers available for the job.
How much does H-2B visa cost?
How Much Does an H-2B Visa Cost? As of January 2021, the USCIS processing fee for an H-2B petition is $460. If you need to apply for a US visa at an embassy or consulate abroad, the visa fee is $190.
Can a H-2B worker apply for green card?
The H-2B visa is a nonimmigrant visa that is valid for a set period of time. It does not lead to permanent residence in the United States, but H-2B visa holders can apply for status adjustment from H2B visa to permanent resident. An H-2B visa holder may apply for a Green Card while on the H-2B visa.
How long can H-2B workers stay?
The H-2B classification allows for a maximum stay of three years. A person who has held H-2B nonimmigrant status for a total of three years must leave the United States for three months before applying for readmission as an H-2B nonimmigrant.
Will USCIS speed up 2022?
USCIS Extends Premium-Processing to Certain Pending Immigrant Petitions. On May 24, 2022, U.S. Citizenship and Immigration Services (USCIS) announced an expansion of premium processing service to two additional categories of Form I-140 immigrant petitions.
What taxes do H-2B workers pay?
H-2B employers must pay their share of Social Security and Medicare, along with Federal Unemployment taxes, state unemployment taxes, and Workers' compensation insurance on all H-2B workers. H-2B workers pay the same taxes as American employees but cannot collect the benefits.
What is an H-2B visa?
The H-2B visa nonimmigrant program permits employers to hire foreign workers to come temporarily to the United States and perform temporary nonagricultural services or labor on a one-time, seasonal, peakload or intermittent basis.
Where to apply for H-2B?
Employers seeking to employ temporary H-2B workers must apply for Temporary Employment Certification to the Chicago National Processing Center (NPC). An employer may submit a request for multiple unnamed foreign workers as long as each worker is to perform the same services or labor, on the same terms and conditions, in the same occupation, ...
Where do H-2B visas come from?
What countries do H-2B visa recipients come from? In 2015, more than 70 percent of H-2B visa holders were from Mexico. Of the remainder, Jamaica, Guatemala, the Philippines, and Great Britain were the countries who sent the most foreign nationals to work in the U.S. under H-2B visas.
How to petition for H-2B visa?
To petition for an H-2B visa worker, an employer must submit a temporary labor certification – a certification granted by the Department of Labor that there are no qualified U.S. workers available for an open position.
What is an authorization for temporary work in the U.S.?
Authorization for temporary work in the U.S. Eligibility for employee benefits, to the extent they are offered by their employer. Authorization to travel into and out of U.S. without limitation. Ability to change positions with their current H-2B employer.
Who is responsible for finding a sponsor for H-2B?
Must receive guaranteed job offer by employer for temporary work prior to U.S. arrival. The foreign national is responsible for finding a sponsor to petition for H-2B workers.
Can a dependent spouse be employed on an H-4 visa?
Dependent spouses or minor children (under 21 years of age) are eligible for an H-4 visa and are permitted to reside with the visa holder. Dependent H-4 visa holders are not authorized for employment, but may study in the U.S.
Key News
The Department of Labor Appropriations Act, 2016, Division H, Title I of Public Law 114-113 ("2016 DOL Appropriations Act"), provides that the Department of Labor ("Department") may not use any funds to enforce the definition of corresponding employment found in 20 CFR 655.5 or the three-fourths guarantee rule definition found in 20 CFR 655.20, or any reference thereto.
Civil Money Penalty Inflation Adjustments
Starting in 2016, agencies across the federal government must adjust their penalties for inflation each year. Below is a table that reflects the adjustments that have occurred for penalties under this statute. For more information on the penalty adjustments, go here.
When was the H-2B visa doubled?
In 2015, the H-2B visa program was effectively doubled through a provision (the “returning worker exemption”) introduced during the appropriations process. It is important that the recent expansion of this exploitative program not be continued in fiscal year 2017 and beyond—and that Congress allow regulations providing rights and higher wages to both guestworkers and U.S. workers to be fully implemented.
How many H-2B workers are employed in the United States?
Congress has set an annual limit of 66,000 H-2B visas per year, but there are a few occupations that are explicitly exempt from this limit. In fiscal 2015, the State Department issued nearly 70,000 H-2B visas. 3 However, the “returning worker exemption,” which has been in effect since December 2015, is likely to result in a much higher number of H-2B visas being issued in fiscal 2016 than the annual cap of 66,000 (for more about the returning worker exemption, see the next section).
How does the returning worker exemption affect the number of H-2B workers?
It increases the number of H-2B visas that may be issued in fiscal 2016. Under the returning worker exemption, any person who was employed as an H-2B worker during the past three fiscal years may return as an H-2B worker in fiscal 2016 without being counted against the annual cap of 66,000.
What is the H-2B program?
The H-2B program is a temporary foreign worker program—al so known as a guestworker program. Guestworker programs authorize the employment of foreign workers by a U.S. employer, for a temporary period, with nonimmigrant visas. Nonimmigrant visas are temporary—i.e., the visa-holder must depart the United States by a date certain—and distinguishable from “green cards,” which are immigrant visas that grant permanent residence (and eventually citizenship, at the option of the beneficiary, if certain steps are completed). With the H-2B program (as with most other guestworker programs) the employer owns and controls the visa. In practice that means that if an H-2B worker is fired, he or she becomes instantly deportable.
Are H-2B guestworkers paid the same as U.S. workers?
While “prevailing wage” regulations technically require employers to pay H-2B workers the local average wage for the particular occupation (as determined by DOL wage survey data), the vast majority of H-2B jobs are cert ified by DOL at lower-than- average wages for the particular occupation. One way employers can pay below-average wages is by using biased and unscientific private wage surveys to set wage rates for their H-2B employees. Prior regulations from 2008 allowing private wage surveys were struck down by a federal court, 17 but they are still allowed in a narrower set of circumstances under more recent and current regulations. The fiscal 2016 appropriations bill restricted DOL’s power to reject skewed surveys; there’s little doubt employer groups will attempt to extend this provision for fiscal 2017. Another method to lower wages is the creation of a sham union that is controlled by employers and bargains for wages that are lower than the DOL-established prevailing wages. 18
Does the H-2B program hurt migrant and American workers?
Yes . There are countless examples of H-2B migrant workers being exploited and robbed of their wages, and much worse. That’s why civil rights groups have referred to the H-2B program as “close to slavery.” 23 A recent journalistic investigation dubbed it “the new American slavery.” 24 The problems begin when H-2B workers are first recruited in their home countries. 25 Most pay large sums to labor recruiters who connect them to temporary jobs in the United States. 26 That leaves the workers who come to the United States indebted to their recruiters and employers. H-2B workers also cannot switch employers, which means that if something goes wrong on the job—for instance, if an H-2B worker isn’t paid the wage he or she was promised, or is forced to work in an unsafe workplace—the H-2B worker has little incentive to speak up or complain to the authorities. Complaining can result in getting fired, which leads to becoming undocumented and possibly deported. It also means not being able to earn back the money that was invested in order to get the job.
Who enforces the rules of the H-2B program, and is enforcement adequate?
DOL’s Wage and Hour Division (WHD) is in charge of enforcing H-2B program rules that relate to the labor market. However, WHD only has about 1,200 agents but is tasked with protecting the labor and employment rights of 150 million workers—which includes all H-2B workers and Americans who work in H-2B occupations. DOL simply does not have adequate staffing or resources to do its job. Nevertheless, every year it carries out a number of enforcement actions in the H-2B program and other guestworker programs.
What are the categories of visas?
The Report of the Visa Office does not contain information on these categories: 1 Refugees entering from abroad or asylum-seekers in the United States or 2 Non-numerically controlled visa categories for people in the United States who are adjusting status (getting a green card or becoming a permanent resident) through the United States Citizenship and Immigration Services in the Department of Homeland Security (USCIS). 3 The above statistics are available from the DHS Office of Immigration Statistics.
What is the report of the Visa Office?
The Report of the Visa Office is an annual report providing statistical information on immigrant and non-immigrant visa issuances by consular offices, as well as information on the use of visa numbers in numerically limited categories.
Does the Visa Office have older reports?
The Visa Office has a limited supply of older reports. You may ask about the availability of these from the Visa Office.
H2B Visa: Temporary Non-Agricultural Workers
The H2B program is for US employers and agencies that allow them to hire foreign nationals in the United States for a temporary non-agricultural jobs. The H2B Visa requires that US employers or agents requires meet specific regulatory needs and file the Form I-129 for non-immigration workers on the worker’s behalf.
Qualification criteria for H2B Visa
In order to qualify the H2B classification of a non-immigrant, the petitioner should be able to prove that:
H2B Visa Summary
The entry to the US for foreign nationals is possible only if the demand persists, Moreover, you need qualify the necessary skills required for the job. Connecting with the agents in order to identify job requirements can easily let a person apply for temporary employment in the US.
What is an H-2B visa?
The H-2B working visa is a nonimmigrant visa which allows foreign nationals to enter into the U.S. temporarily and engage in non agricultural employment which is seasonal, intermittent, a peak load need, or a one-time occurrence.
What is the burden of establishing that the need for H-2B workers is temporary?
The employer has the burden of establishing that the need for H-2B workers is temporary and is either a one time, seasonal, peak, or intermittent need in his/her application. Documentation might include contracts, lists of projects and timeframes, as well as narrative explanations.
